Updated on May 14, 2022 11:40:17 AM
Divorce is a challenging, messy, and emotionally draining process. After you've made it through the transition, you'll feel alive with the belief that you've made the right decision to improve your life. Despite how complicated it could be emotionally, it is a very time-consuming and sophisticated process on paper also.
Divorce matrimonial, if we seek legal understanding then can be explained as dissolution of marriage in the court but in general, language means the end of a relationship between a husband and a wife either with their consent or not.
Here we would try to help you out in every possible way to ease and understand the process of divorce for you. Before applying for divorce a prior understanding of the procedure, time and grounds are a must for everyone.
Different laws under the Indian Constitution govern the divorce process in India. Due to the diverse cultures in India, every religion has a separate mention of laws for divorce under marriages in their religions. Let’s have a quick understanding of what the law says for marriage divorces in different religions.
The process for getting a divorce on mutual consent is a multi-step process. The procedure for mutual consent divorce in India is as follows:
The grounds for Mutual divorce are basically similar in all the religions of India. What are the grounds for mutual divorce? Let us understand that:
A proper petition needs to be filed with mentioning of grounds under which they want to divorce their respective partner. Without proper grounds (grounds mentioned under law), no one can file for divorce in court. Now let’s look at the grounds on which one can file a petition for a contested divorce in court.
Divorces in India are generally applied in two major forms. Forms indicate the nature and intention for applying divorce. The motive for divorce could either be with the agreement of both the parties i.e husband and wife or it could be initiated from only one side also. Whatever scenario may it be but the final result one is seeking to have is his/her divorce in India.
Uncontested or Mutual Consent Divorce is a legal action taken by both husband and wife when they decide to end their relationship and get divorced on a mutual basis. In simpler words, when both parties (husband and wife) mutually agreed to divorce, it is called Mutual Consent Divorce. The procedure for Mutual consent divorce is simpler as compared to a contested form of divorce.
A Contested Divorce is a form of divorce where either of the partners disagrees for mutual divorce or any dispute regarding property, child, and alimony is in between them. In those cases, they have to seek help from the court for their dissolution of marriage. The time for taking contested divorce may vary from 1 year to 5-6 years also.
The petition for Contested Divorce and mutual consent divorce can be filed at the Family court of the city where the couple last lived together, such as their marital home, where the marriage was solemnised, or where the wife currently resides.
Some people often get confused between the two terms divorce and judicial separation and consider them to be a part of one another. But the reality is different from that. Our effort would be here differentiating both the terms for you.
|Divorce significantly means the end of the marriage.||Judicial Separation seeks the possible outcomes of living separately for a certain period of time.|
|The parties can only file it after one year of marriage.||It does not require any significant time frame to be applied.|
|While proceeding for divorce, the court has to consider their marriage to be broken.||There is no need for the court to consider their marriage as permanently closed or broken in the proceedings for judicial separation.|
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